Make It Make Sense with Grant Hermes

How John Roberts Broke the Supreme Court This Term

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Andrew Torrez is a lawyer and co-host of the legal podcast Law And Chaos who has spent his career watching the Roberts Court systematically reshape American law. His verdict after this term: John Roberts broke the Supreme Court from the inside, and the court is now best understood as a right-wing policy-making institution rather than a judicial one.

Grant and Andrew go case by case through the most consequential term in a generation. Birthright citizenship: a five to four decision on a question that should have been nine to nothing, since the 14th Amendment says what it says. The VRA gerrymandering ruling: you can now draw a million computer-simulated maps of North Carolina and only one comes out 10-4 Republican by chance, but the Roberts Court said that's fine and then eliminated the legal mechanism for challenging it. The tariff case: Kavanaugh ruled against Trump but included a roadmap in his dissent for how to achieve the same tariffs through a different statute.

They also get into the shadow docket, which went from a rare emergency tool to a routine practice under Roberts. Grant reads from an internal New York Times-obtained memo in which Roberts explicitly cajoled his colleagues to issue an emergency injunction against Obama-era clean power regulations because solar power plants, in Roberts' own words, are not built in a day.

And they talk about what Congress could actually do about all of it: court expansion, term limits, and a constitutional provision called jurisdiction stripping that would let Congress tell the Supreme Court it cannot hear certain categories of cases at all. It has never been used. It is in the Constitution.

CHAPTERS:

0:00 Hot dogs, snowballs, and the Supreme Court

2:45 This term in one sentence: the Roberts Court is a right-wing policy-making institution

4:00 Birthright citizenship: a 5-4 decision on a question that should have been 9-0.

6:00 How John Roberts broke the court from the inside, starting with the Michigan union dues case

8:30 Scalia vs. Alito and Thomas: why originalism gave way to bad faith arguments and Charlie Kirk logic

12:00 Kavanaugh's tariff opinion: ruled against Trump, then included a roadmap for getting the same result

16:00 The Slaughter case: Trump fires independent agency heads, the Fed exception, and what Russ Vought gets now

20:00 Louisiana v. Callais: the VRA is dead and Democrats have to overperform by 4 to 6 points just to win the House

24:00 One million computer-simulated maps: the math that proved gerrymandering and the Roberts Court ignored it

28:00 Grant reveals he almost became a political mapmaker. This is why he walked out of the room.

30:00 Minority rule is the goal: how an unpopular party stays in power permanently

33:00 Kavanaugh's "wrong statutory box" logic: it applies to shipping humans to torture camps but not Trump tariffs

36:00 Senator Kavanaugh: why he keeps writing roadmaps for Trump from the bench

40:00 The Roberts Court's shadow docket: from emergency tool to routine practice

44:00 The leaked memo: Roberts writes "solar power plants are not built in a day" to block clean energy rules for coal

46:00 Drawing a legal quarantine zone around the Roberts Court: why its precedents shouldn't count 

48:00 How Congress can actually fix this: court expansion, term limits, and jurisdiction stripping

50:00 Jurisdiction stripping explained: Congress can tell the Supreme Court it cannot hear certain cases at all

53:00

The shadow docket and a national emergency over elections: could this go to the Supreme Court this summer?

57:00 Why district court judges — including Trump appointees — are still doing the hard work

59:00 Kilmar Garcia, Guatemalan children, voter rolls in 13 states: what district courts are actually stopping

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